HomeMy WebLinkAboutC-4334 - PSA for Speed Zone SurveyPROFESSIONAL SERVICES AGREEMENT WITH
W.G. ZIMMERMAN ENGINEERING, INC.
FOR SPEED ZONE SURVEY
THIS AGREEMENT is made and entered into as of this Iday of
2009, by and between the CITY OF NEWPORT BEACH, a Municip Corporation
( "City "), and W.G. ZIMMERMAN ENGINEERING, INC., a California corporation whose
address is 801 Pacific Coast Highway, Suite 200, Seal Beach, California, 90740
( "Consultant'), and is made with reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now
being conducted under the statutes of the State of California and the Charter of
City.
B. City is planning to update the City -wide Speed Survey.
C. City desires to engage Consultant to prepare an updated City -wide Speed
Survey ( "Project ").
D. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the services described in this Agreement.
E. The principal member of Consultant for purposes of Project, shall be Bill
Zimmerman.
F. City has solicited and received a proposal from Consultant, has reviewed the
previous experience and evaluated the expertise of Consultant, and desires to
retain Consultant to render professional services under the terms and conditions
set forth in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as
follows:
1. TERM
The term of this Agreement shall commence on the above written date, and shall
terminate on the 31st day of December, 2009, unless terminated earlier as set
forth herein.
2. SERVICES TO BE PERFORMED
Consultant shall diligently perform all the services described in the Scope of
Services attached hereto as Exhibit A and incorporated herein by reference. The
City may elect to delete certain tasks of the Scope of Services at its sole
discretion.
3. TIME OF PERFORMANCE
Time is of the essence in the performance of services under this Agreement and
the services shall be performed to completion in a diligent and timely manner.
The failure by Consultant to perform the services in a diligent and timely manner
may result in termination of this Agreement by City.
Notwithstanding the foregoing, Consultant shall not be responsible for delays
due to causes beyond Consultant's reasonable control. However, in the case of
any such delay in the services to be provided for the Project, each party hereby
agrees to provide notice to the other party so that all delays can be addressed.
3.1 Consultant shall submit all requests for extensions of time for
performance in writing to the Project Administrator not later than ten (10)
calendar days after the start of the condition that purportedly causes a
delay. The Project Administrator shall review all such requests and may
grant reasonable time extensions for unforeseeable delays that are
beyond Consultant's control.
3.2 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the
circumstances, by either telephone, fax, hand - delivery or mail.
4. COMPENSATION TO CONSULTANT
City shall pay Consultant for the services on a time and expense not -to- exceed
basis in accordance with the provisions of this Section and the Schedule of
Billing Rates attached hereto as Exhibit B and incorporated herein by reference.
Consultant's compensation for all work performed in accordance with this
Agreement, including all reimbursable items and subconsultant fees, shall not
exceed Thirty -Six Thousand Dollars and no /100 ($36,000.00) without prior
written authorization from City. No billing rate changes shall be made during the
term of this Agreement without the prior written approval of City.
4.1 Consultant shall submit monthly invoices to City describing the work
performed the preceding month. Consultant's bills shall include the name
of the person who performed the work, a brief description of the services
performed and/or the specific task in the Scope of Services to which it
relates, the date the services were performed, the number of hours spent
on all work billed on an hourly basis, and a description of any
reimbursable expenditures. City shall pay Consultant no later than thirty
(30) days after approval of the monthly invoice by City staff.
4.2 City shall reimburse Consultant only for those costs or expenses
specifically approved in this Agreement, or specifically approved in writing
in advance by City. Unless otherwise approved, such costs shall be
limited and include nothing more than the following costs incurred by
Consultant:
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A. The actual costs of subconsultants for performance of any of the
services that Consultant agrees to render pursuant to this
Agreement, which have been approved in advance by City and
awarded in accordance with this Agreement.
B. Approved reproduction charges.
C. Actual costs and/or other costs and /or payments specifically
authorized in advance in writing and incurred by Consultant in the
performance of this Agreement.
4.3 Consultant shall not receive any compensation for Extra Work performed
without the prior written authorization of City. As used herein, "Extra
Work" means any work that is determined by City to be necessary for the
proper completion of the Project, but which is not included within the
Scope of Services and which the parties did not reasonably anticipate
would be necessary at the execution of this Agreement. Compensation
for any authorized Extra Work shall be paid in accordance with the
Schedule of Billing Rates as set forth in Exhibit B.
5. PROJECT MANAGER
Consultant shall designate a Project Manager, who shall coordinate all phases of
the Project. This Project Manager shall be available to City at all reasonable
times during the Agreement term. Consultant has designated Bill Zimmerman
to be its Project Manager. Consultant shall not remove or reassign the Project
Manager or any personnel listed in Exhibit A or assign any new or replacement
personnel to the Project without the prior written consent of City. City's approval
shall not be unreasonably withheld with respect to the removal or assignment of
non -key personnel.
Consultant, at the sole discretion of City, shall remove from the Project any of its
personnel assigned to the performance of services upon written request of City.
Consultant warrants that it will continuously furnish the necessary personnel to
complete the Project on a timely basis as contemplated by this Agreement.
6. ADMINISTRATION
This Agreement will be administered by the Public Works Department. Brad
Sommers shall be the Project Administrator and shall have the authority to act
for City under this Agreement. The Project Administrator or his authorized
representative shall represent City in all matters pertaining to the services to be
rendered pursuant to this Agreement.
7. CITY'S RESPONSIBILITIES
In order to assist Consultant in the execution of its responsibilities under this
Agreement, City agrees to, where applicable:
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A. Provide access to, and upon request of Consultant, one copy of all
existing relevant information on file at City. City will provide all such
materials in a timely manner so as not to cause delays in Consultant's
work schedule.
B. Provide blueprinting and other services through City's reproduction
company for bid documents. Consultant will be required to coordinate the
required bid documents with City's reproduction company. All other
reproduction will be the responsibility of Consultant and as defined above.
C. Provide usable life of facilities criteria and information with regards to new
facilities or facilities to be rehabilitated.
8. STANDARD OF CARE
8.1 All of the services shall be performed by Consultant or under Consultant's
supervision. Consultant represents that it possesses the professional and
technical personnel required to perform the services required by this
Agreement, and that it will perform all services in a manner
commensurate with community professional standards. All services shall
be performed by qualified and experienced personnel who are not
employed by City, nor have any contractual relationship with City. By
delivery of completed work, Consultant certifies that the work conforms to
the requirements of this Agreement and all applicable federal, state and
local laws and the professional standard of care.
8.2 Consultant represents and warrants to City that it has, shall obtain, and
shall keep in full force in effect during the term hereof, at its sole cost and
expense, all licenses, permits, qualifications, insurance and approvals of
whatsoever nature that is legally required of Consultant to practice its
profession. Consultant shall maintain a City of Newport Beach business
license during the term of this Agreement.
8.3 Consultant shall not be responsible for delay, nor shall Consultant be
responsible for damages or be in default or deemed to be in default by
reason of strikes, lockouts, accidents, or acts of God, or the failure of City
to furnish timely information or to approve or disapprove Consultant's
work promptly, or delay or faulty performance by City, contractors, or
governmental agencies.
9. HOLD HARMLESS
To the fullest extent permitted by law, Consultant shall indemnify, defend and
hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers and employees (collectively, the "Indemnified Parties) from and
against any and all claims (including, without limitation, claims for bodily injury,
death or damage to property), demands, obligations, damages, actions, causes
of action, suits, losses, judgments, fines, penalties, liabilities, costs and
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expenses (including, without limitation, attorney's fees, disbursements and court
costs) of every kind and nature whatsoever (individually, a Claim; collectively,
"Claims'), which may arise from or in any manner relate (directly or indirectly) to
the negligence, recklessness, or willful misconduct of the Consultant or its
principals, officers, agents, employees, vendors, suppliers, consultants,
subcontractors, anyone employed directly or indirectly by any of them or for
whose acts they may be liable or any or all of them.
Notwithstanding the foregoing, nothing herein shall be construed to require
Consultant to indemnify the Indemnified Parties from any Claim arising from the
sole negligence, active negligence or willful misconduct of the Indemnified
Parties. Nothing in this indemnity shall be construed as authorizing any award of
attorney's fees in any action on or to enforce the terms of this Agreement. This
indemnity shall apply to all claims and liability regardless of whether any
insurance policies are applicable. The policy limits do not act as a limitation
upon the amount of indemnification to be provided by the Consultant.
10. INDEPENDENT CONTRACTOR
It is understood that City retains Consultant on an independent contractor basis
and Consultant is not an agent or employee of City. The manner and means of
conducting the work are under the control of Consultant, except to the extent
they are limited by statute, rule or regulation and the expressed terms of this
Agreement. Nothing in this Agreement shall be deemed to constitute approval
for Consultant or any of Consultant's employees or agents, to be the agents or
employees of City. Consultant shall have the responsibility for and control over
the means of performing the work, provided that Consultant is in compliance with
the terms of this Agreement. Anything in this Agreement that may appear to give
City the right to direct Consultant as to the details of the performance or to
exercise a measure of control over Consultant shall mean only that Consultant
shall follow the desires of City with respect to the results of the services.
11. COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated
Project Administrator and any other agencies that may have jurisdiction or
interest in the work to be performed. City agrees to cooperate with the
Consultant on the Project.
12. CITY POLICY
Consultant shall discuss and review all matters relating to policy and Project
direction with City's Project Administrator in advance of all critical decision points
in order to ensure the Project proceeds in a manner consistent with City goals
and policies.
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13. PROGRESS
Consultant is responsible for keeping the Project Administrator and /or his /her
duly authorized designee informed on a regular basis regarding the status and
progress of the Project, activities performed and planned, and any meetings that
have been scheduled or are desired.
14. INSURANCE
Without limiting Consultant's indemnification of City, and prior to commencement
of work, Consultant shall obtain, provide and maintain at its own expense during
the term of this Agreement, a policy or policies of liability insurance of the type
and amounts described below and in a form satisfactory to City.
A. Certificates of Insurance. Consultant shall provide certificates of
insurance with original endorsements to City as evidence of the insurance
coverage required herein. Insurance certificates must be approved by
City's Risk Manager prior to commencement of performance or issuance
of any permit. Current certification of insurance shall be kept on file with
City at all times during the term of this Agreement.
B. Signature. A person authorized by the insurer to bind coverage on its
behalf shall sign certification of all required policies.
C. Acceptable Insurers. All insurance policies shall be issued by an
insurance company currently authorized by the Insurance Commissioner
to transact business of insurance in the State of California, with an
assigned policyholders' Rating of A (or higher) and Financial Size
Category Class VII (or larger) in accordance with the latest edition of
Best's Key Rating Guide, unless otherwise approved by the City's Risk
Manager.
D. Coverage Requirements.
Workers' Compensation Coverage. Consultant shall maintain
Workers' Compensation Insurance and Employer's Liability
Insurance for his or her employees in accordance with the laws of
the State of California. In addition, Consultant shall require each
subcontractor to similarly maintain Workers' Compensation
Insurance and Employer's Liability Insurance in accordance with
the laws of the State of California for all of the subcontractor's
employees. Any notice of cancellation or non - renewal of all
Workers' Compensation policies must be received by City at least
thirty (30) calendar days (10 calendar days written notice of non-
payment of premium) prior to such change. The insurer shall agree
to waive all rights of subrogation against City, its officers, agents,
employees and volunteers for losses arising from work performed
by Consultant for City.
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ii. General Liability Coverage. Consultant shall maintain commercial
general liability insurance in an amount not less than one million
dollars ($1,000,000) per occurrence for bodily injury, personal
injury, and property damage, including without limitation,
contractual liability. If commercial general liability insurance or
other form with a general aggregate limit is used, either the general
aggregate limit shall apply separately to the work to be performed
under this Agreement, or the general aggregate limit shall be at
least twice the required occurrence limit.
iii. Automobile Liability Coverage. Consultant shall maintain
automobile insurance covering bodily injury and property damage
for all activities of the Consultant arising out of or in connection with
work to be performed under this Agreement, including coverage for
any owned, hired, non -owned or rented vehicles, in an amount not
less than one million dollars ($1,000,000) combined single limit for
each occurrence.
iv. Professional Errors and Omissions Insurance. Consultant shall
maintain professional errors and omissions insurance, which
covers the services to be performed in connection with this
Agreement in the minimum amount of one million dollars
($1,000,000).
E. Endorsements. Each general liability and automobile liability insurance
policy shall be endorsed with the following specific language:
The City, its elected or appointed officers, officials, employees,
agents and volunteers are to be covered as additional insureds with
respect to liability arising out of work performed by or on behalf of
the Consultant.
ii. This policy shall be considered primary insurance as respects to
City, its elected or appointed officers, officials, employees, agents
and volunteers as respects to all claims, losses, or liability arising
directly or indirectly from the Consultant's operations or services
provided to City. Any insurance maintained by City, including any
self- insured retention City may have, shall be considered excess
insurance only and not contributory with the insurance provided
hereunder.
iii. This insurance shall act for each insured and additional insured as
though a separate policy had been written for each, except with
respect to the limits of liability of the insuring company.
iv. The insurer waives all rights of subrogation against City, its elected
or appointed officers, officials, employees, agents and volunteers.
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V. Any failure to comply with reporting provisions of the policies shall
not affect coverage provided to City, its elected or appointed
officers, officials, employees, agents or volunteers.
vi. The insurance provided by this policy shall not be suspended,
voided, canceled, or reduced in coverage or in limits, by either
party except after thirty (30) calendar days (10 calendar days
written notice of non - payment of premium) written notice has been
received by City.
F. Timely Notice of Claims. Consultant shall give City prompt and timely
notice of claim made or suit instituted arising out of or resulting from
Consultant's performance under this Agreement.
G. Additional Insurance. Consultant shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own
judgment may be necessary for its proper protection and prosecution of
the work.
15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the services to be
provided under this Agreement shall not be assigned, transferred contracted or
subcontracted out without the prior written approval of City. Any of the following
shall be construed as an assignment: The sale, assignment, transfer or other
disposition of any of the issued and outstanding capital stock of Consultant, or of
the interest of any general partner or joint venturer or syndicate member or
cotenant if Consultant is a partnership or joint- venture or syndicate or cotenancy,
which shall result in changing the control of Consultant. Control means fifty
percent (50 %) or more of the voting power, or twenty -five percent (25 %) or more
of the assets of the corporation, partnership orjoint- venture.
16. SUBCONTRACTING
The parties recognize that a substantial inducement to City for entering into this
Agreement is the professional reputation, experience and competence of
Consultant. Assignments of any or all rights, duties or obligations of the
Consultant under this Agreement will be permitted only with the express written
consent of City. Consultant shall not subcontract any portion of the work to be
performed under this Agreement without the prior written authorization of City.
17. OWNERSHIP OF DOCUMENTS
Each and every report, draft, map, record, plan, document and other writing
produced (hereinafter "Documents'), prepared or caused to be prepared by
Consultant, its officers, employees, agents and subcontractors, in the course of
implementing this Agreement, shall become the exclusive property of City, and
City shall have the sole right to use such materials in its discretion without further
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compensation to Consultant or any other party. Consultant shall, at Consultant's
expense, provide such Documents to City upon prior written request.
Documents, including drawings and specifications, prepared by Consultant
pursuant to this Agreement are not intended or represented to be suitable for
reuse by City or others on any other project. Any use of completed Documents
for other projects and any use of incomplete Documents without specific written
authorization from Consultant will be at City's sole risk and without liability to
Consultant. Further, any and all liability arising out of changes made to
Consultant's deliverables under this Agreement by City or persons other than
Consultant is waived against Consultant and City assumes full responsibility for
such changes unless City has given Consultant prior notice and has received
from Consultant written consent for such changes.
18. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and
communications that result from the services in this Agreement, shall be kept
confidential unless City authorizes in writing the release of information.
19. INTELLECTUAL PROPERTY INDEMNITY
The Consultant shall defend and indemnify City, its agents, officers,
representatives and employees against any and all liability, including costs, for
infringement of any United States' letters patent, trademark, or copyright
infringement, including costs, contained in Consultant's drawings and
specifications provided under this Agreement.
20. RECORDS
Consultant shall keep records and invoices in connection with the work to be
performed under this Agreement. Consultant shall maintain complete and
accurate records with respect to the costs incurred under this Agreement and
any services, expenditures and disbursements charged to City, for a minimum
period of three (3) years, or for any longer period required by law, from the date
of final payment to Consultant under this Agreement. All such records and
invoices shall be clearly identifiable. Consultant shall allow a representative of
City to examine, audit and make transcripts or copies of such records and
invoices during regular business hours. Consultant shall allow inspection of all
work, data, Documents, proceedings and activities related to the Agreement for a
period of three (3) years from the date of final payment to Consultant under this
Agreement.
21. WITHHOLDINGS
City may withhold payment to Consultant of any disputed sums until satisfaction
of the dispute with respect to such payment. Such withholding shall not be
deemed to constitute a failure to pay according to the terms of this Agreement.
Consultant shall not discontinue work as a result of such withholding. Consultant
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shall have an immediate right to appeal to the City Manager or his /her designee
with respect to such disputed sums. Consultant shall be entitled to receive
interest on any withheld sums at the rate of return that City earned on its
investments during the time period, from the date of withholding of any amounts
found to have been improperly withheld.
22. ERRORS AND OMISSIONS
In the event of errors or omissions that are due to the negligence or professional
inexperience of Consultant which result in expense to City greater than what
would have resulted if there were not errors or omissions in the work
accomplished by Consultant, the additional design, construction and /or
restoration expense shall be borne by Consultant. Nothing in this paragraph is
intended to limit City's rights under the law or any other sections of this
Agreement.
23. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the
Project.
24. CONFLICTS OF INTEREST
The Consultant or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act "), which (1) requires such
persons to disclose any financial interest that may foreseeably be materially
affected by the work performed under this Agreement, and (2) prohibits such
persons from making, or participating in making, decisions that will foreseeably
financially affect such interest.
If subject to the Act, Consultant shall conform to all requirements of the Act.
Failure to do so constitutes a material breach and is grounds for immediate
termination of this Agreement by City. Consultant shall indemnify and hold
harmless City for any and all claims for damages resulting from Consultant's
violation of this Section.
25. NOTICES
All notices, demands, requests or approvals to be given under the terms of this
Agreement shall be given in writing, and conclusively shall be deemed served
when delivered personally, or on the third business day after the deposit thereof
in the United States mail, postage prepaid, first -class mail, addressed as
hereinafter provided. All notices, demands, requests or approvals from
Consultant to City shall be addressed to City at:
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Attn: Brad Sommers
Public Works Department
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA, 92663
Phone: 949 -644 -3326
Fax: 949 - 644 -3318
All notices, demands, requests or approvals from CITY to Consultant shall be
addressed to Consultant at:
Attn: Bill Zimmerman
W.G. Zimmerman Engineering, Inc.
801 Pacific Coast Highway, Suite 200
Seal Beach, CA 90740
Phone: 562 - 594 -8589
Fax: 562- 594 -8549
26. TERMINATION
In the event that either party fails or refuses to perform any of the provisions of
this Agreement at the time and in the manner required, that party shall be
deemed in default in the performance of this Agreement. If such default is not
cured within a period of two (2) calendar days, or if more than two (2) calendar
days are reasonably required to cure the default and the defaulting party fails to
give adequate assurance of due performance within two (2) calendar days after
receipt of written notice of default, specifying the nature of such default and the
steps necessary to cure such default, and thereafter diligently take steps to cure
the default, the non - defaulting party may terminate the Agreement forthwith by
giving to the defaulting party written notice thereof.
Notwithstanding the above provisions, City shall have the right, at its sole
discretion and without cause, of terminating this Agreement at any time by giving
seven (7) calendar days prior written notice to Consultant. In the event of
termination under this Section, City shall pay Consultant for services
satisfactorily performed and costs incurred up to the effective date of termination
for which Consultant has not been previously paid. On the effective date of
termination, Consultant shall deliver to City all reports, Documents and other
information developed or accumulated in the performance of this Agreement,
whether in draft or final form.
27. COMPLIANCE WITH ALL LAWS
Consultant shall at its own cost and expense comply with all statutes,
ordinances, regulations and requirements of all governmental entities, including
federal, state, county or municipal, whether now in force or hereinafter enacted.
In addition, all work prepared by Consultant shall conform to applicable City,
county, state and federal laws, rules, regulations and permit requirements and be
subject to approval of the Project Administrator and City.
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28. WAIVER
A waiver by either party of any breach, of any term, covenant or condition
contained herein shall not be deemed to be a waiver of any subsequent breach
of the same or any other term, covenant or condition contained herein, whether
of the same or a different character.
29. INTEGRATED CONTRACT
This Agreement represents the full and complete understanding of every kind or
nature whatsoever between the parties hereto, and all preliminary negotiations
and agreements of whatsoever kind or nature are merged herein. No verbal
agreement or implied covenant shall be held to vary the provisions herein.
30. CONFLICTS OR INCONSISTENCIES
In the event there are any conflicts or inconsistencies between this Agreement
and the Scope of Services or any other attachments attached hereto, the terms
of this Agreement shall govern.
31. INTERPRETATION
The terms of this Agreement shall be construed in accordance with the meaning
of the language used and shall not be construed for or against either party by
reason of the authorship of the Agreement or any other rule of construction
which might otherwise apply.
32. AMENDMENTS
This Agreement may be modified or amended only by a written document
executed by both Consultant and City and approved as to form by the City
Attorney.
33. SEVERABILITY
If any term or portion of this Agreement is held to be invalid, illegal, or otherwise
unenforceable by a court of competent jurisdiction, the remaining provisions of
this Agreement shall continue in full force and effect.
34. CONTROLLING LAW AND VENUE
The laws of the State of California shall govern this Agreement and all matters
relating to it and any action brought relating to this Agreement shall be
adjudicated in a court of competent jurisdiction in the County of Orange.
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35. EQUAL OPPORTUNITY EMPLOYMENT
Consultant represents that it is an equal opportunity employer and it shall not
discriminate against any subcontractor, employee or applicant for employment
because of race, religion, color, national origin, handicap, ancestry, sex or age.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on
the day and year first written above.
APPROVED AS TO FORM:
By:
ynet e D. eaechmp,Assistant City A
for the City of Newport Beach
ATTEST:
By: 04t
� 611� By: At— ��� I
Leilani Brown, �E�vp® Bill Zi mer an,
City ClerkO A Presid t nd Treasurer
for the City of Newport Bea 0
r -
CITY OF NEWPORT BEACH,
A Municip Corporation
By--.9
omer Bludau
City Manager
for the City of Newport Beach
CONSULTANT:
Attachments
Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
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June 24, 2009
Tony Brine
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92663
Subject: Speed Zone Survey
Dear Mr. Brine:
W.G. Zimmerman Engineering, Inc. (WGZE) has prepared this letter proposal of
what we believe to be an appropriate scope of services and fee.
In general, the project will involve preparing a Speed Zone Study for the City of
Newport Beach. Our approach will include analyzing the City provided accident and
speed data for the 129 segments and preparing a report based on our findings.
Based on our estimation of the level of effort that this project will entail, our total
estimated costs is $36,000.00.
A scope of services is provided below for the Speed Zone Study.
Task 1— Field Review
Observe existing roadway conditions and special considerations such as prima facie
speed limits, schools, state approved preschools, and parks that may affect speed
limits. Compare current field conditions to recorded data.
Task 2 — Traffic Analysis
Review recorded traffic data and accident data. Evaluate the City's current speed
limits. Analyze road segment survey data. Evaluate survey results with respect to
the current California Vehicle Code and CA MUTCD. Meet with Police Officers to
determine problematic speeding areas and address report concerns.
Task 3 — Speed Survey Report
Prepare a detailed report summarizing traffic analysis data from the 129 street
segments. Explain survey methodology used for data collection. Present statistical
analysis of surveyed road segments, collected traffic speed and volume data, and
speed zone recommendations. Prepare summary of reduced speed limits
engineering findings.
TOTAL ESTIMATED COSTS $ 36.000.00"
Assumptions:
City to provide roadway accident history summaries and analysis for
129 street segments.
2. City to provide recent speed data for the 129 street segments in excel
format.
3. City to provide aerial maps.
'The total estimated cost is based on our 2009 Billing Rate Schedule and the project will be
billed on a time and material basis.
We believe this project to be worthwhile and we look forward to working with the City on it. If
there are any questions regarding our proposed engineering scope of services, or our fee,
please contact me directly at (562) 594 -8589, ext. 11.
Sincerely,
W.G. Zimmerman Engineering, Inc.,
/1�6
4c Bill Zimmerman, P.E.
President
cc: File
W.G. Zimmerman Engineering, Inc,
W. G. ZIMMERMAN ENGINEERING, INC.
Billing Rate Schedule
Classification
Rate
Principal
$ 210.00 /Hr
Senior Project Manager (Registered)
$ 180.00 /Hr
Project Manager (Registered)
$ 160.00 /Hr
Senior Project Engineer (Registered)
$ 130.00 /Hr
Project Engineer
$ 120.00 /Hr
Senior Associate Engineer
$ 100.00 /Hr
Associate Engineer
$ 95.00/Hr
CADD Manager /Senior Designer
$ 115.00 /Hr
CADD /Technician
$ 85.00 /Hr
Administration/Office Support
$ 60.00 /Hr
Non -Labor Expenses
Mileage (local) 58.5¢ per Mile
Printing Cost plus 5%
Reproduction (Blue lines) Cost plus 5%
Other Expenses (such as sub - consultants, outside services
or special equipment needs) Cost plus 10%
Client#: 12233
WGZIMENGI
ACORD. CERTIFICATE OF LIABILITY INSURANCE
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS
DATE
7/13/09 m'
PRODUCER
Dealey, Renton & Associates
P. O. Box 10550
Santa Ana, CA 92711 -0550
714 427 -6810
POLICY NUMBER
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
INSURERS AFFORDING COVERAGE
INSURED
W G Zimmerman Engineering, Inc.
801 Pacific Coast Highway, #200
Seal Beach, CA 90740
A
INSURER A
Travelers Property Casualty Co of Am
INSURER B:
Travelers Casualty Ins. Co. of Amer!
INSURER c:
Argonaut Insurance Company
INSURER D.
$1,000,000
INSURER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS
NSR
TR
rypE OF INSURANCE
POLICY NUMBER
POLICY EFFECTIVE
AT MMIDDIYY
POLICY EXPIRATION
DATE MMMI)M
LIMITS
A
GENERAL LIABILITY
6805428L907 •
10/15108
10/15/09
EACH OCCURRENCE
$1,000,000
FIRE DAMAGE (Anyone fire)
$1,000,000
X COMMERCIAL GENERAL LIABILITY
General liability
CLAIMS MADE Exloccutz
excludes claims
MEDEXP(Anyone person)
$10000
PERSONAL & AOV INJURY
$1 OOO ODO
I rising out of the
GENERALAGGREGATE
$2,000,000
_.
performance of
GENLAGGREGATELIMITAPPLIESPER'
_
PRODUCTS COMPIOP AGG
$2000000
professional
POLICY PRO -
Oc
services
A
AUTOMOBILE
LIABILITY
ANY AUTO
BA54291_431
10115108
10115109
COMBINED SINGLE LIMIT
IEa accident)
$1,000000
X
BODILY INJURY
(Per person)
$
ALL OWNED AUTO$
SCHEDULED AUTOS
•
BODILY INJURY
(Per accident)
$
HIRED AUTOS
NON -OWNED AUTOS
•
PROPERTY DAMAGE
(Per accident)
$
GARAGE LIABILITY
AUTO ONLY - EA ACCIDENT
$
OTHER THAN EAACC
$
ANY AUTO
$
AUTO ONLY. AGG
EXCESS
LIABILITY
EACH OCCURRENCE
$
AGGREGATE
$
OCCUR CLAIMS MADE
$
DEDUCTIBLE
$
RETENTION $
B
WORKERS COMPENSATION AND
U85623Y284
03/01109
03101110
X WC STATIT OTH-
E.L. EACH ACCIDENT
1$1,000,0 00
EMPLOYEWUASIU
E.L. DISEASE -EA EMPLOYEE!
E.L. DISEASE - POLICY LIMIT
1 $1,000,000
C
THER Prof'LLiab.
IAE105320 06126/09
06/26110
$2,000,000 per claim
laims Made
1
$2,000,000 annl aggr.
till Prior Actas
$10,000 ded per claim
DESCRIPTION OF OPERATIONSILOCATIONSIVEHICLESIEXGLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS
RE: Professional Services Agreement for Speed Zone Survey
The City of Newport Beach, its elected or appointed officers, officials,
employees, agents and volunteers are additional insureds on General
Liabllty and Auto Liability policies as required by written contract.
(See Attached Descriptions)
City of Newport Beach
Public Works Dept.
Attn: Shaun Oyler,PW Specialist
3300 Newport Boulevard
P O Box 1768
e,vv�� aJ-V I, r.i., 1 VI L NJLJJVLTII�ILJJV/.J
SHOULD ANYOF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER Wn$XNIREAXM TO MAIL 30 —DAYS WRITTEN
NOTICETOTHE CERTIFICATE HOLDERNAMEOTOTHELEFTJ7aDtXXXWXXYDDDMOCMK
AUTHORIZED REPRESENTATIVE
rwlo n ACORn nORPORATION 198F
POLICY NUMBER: 680542BL907 COMMERCIAL GENERAL LIABILITY
INSURED: W G ZIMMERMAN ENGINEERING, INC. EFFECTIVE DATE: 10115108
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED
(ARCHITECTS, ENGINEERS AND SURVEYORS)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
NAME OF PERSON(S) OR ORGANIZATION(S):
CITY OF NEWPORT BEACH, ITS ELECTED OR APPOINTED OFFICERS,
OFFICIALS, EMPLOYEES, AGENTS AND VOLUNTEERS
PROJECTILOCATION OF COVERED OPERATIONS:
All Operations of Named Insured
A. The following is added to WHO IS AN INSURED
(Section II):
The insurance provided to such additional
The person or organization shown in the Sched-
insured is limited as follows:
ule above is an additional insured on this Cover-
age Part, but only with respect to liability for bod-
d. This insurance does not apply to the render -
ily injury", 'property damage" or 'personal injury
ing of or failure to render any "professional
caused, in whole or in part, by your acts or omis-
services ".
sions or the acts or omissions of those acting on
your behalf:
e. The limits of insurance afforded to the addi-
tional insured shall be the limits which you
a. In the performance of your ongoing oper-
agreed in that 'contract or agreement requir-
ations;
ing insurance" to provide for that additional
insured, or the limits shown in the
b. In connection with premises owned by or
Declarations for this Coverage Part,
rented to you; or
whichever are less. This endorsement does
not increase the limits of insurance stated in
C. In connection with your work and included
the LIMITS OF INSURANCE (Section III) for
within the "products- completed operations
this Coverage Part.
hazard."
B. The following is added to Paragraph a. of 4.
Such person or organization does not qualify as
Other Insurance in COMMERCIAL GENERAL
an additional insured for "bodily injury", "property
LIABILITY CONDITIONS (Section M:
damage" or "personal injury' forwhich that person
However, if you specifically agree in a contract or
or organization has assumed liability in a contract
agreement requiring insurance that, for the addi-
or agreement.
tional insured shown in the Schedule, the insur-
ance provided to that additional insured under
this
CG D3 82 09 07
O 2007 The Travelers Companies, Inc.
Includes the copyrighted material of Insurance Services Office Inc., with its permission
Page I
COMMERICAL GENERAL LIABILITY
Coverage Part must apply on a primary
basis, or a primary and non - contributory
basis, this insurance is primary to other
insurance that is available to such additional
insured which covers such additional insured
as a named insured, and we will not share
with the other insurance, provided that:
(1) The "bodily injury' or "property damage"
for which coverage is sought occurs,
and
(2) The "personal injury" for which coverage
is sought arises out of an offense
committed,
after you have entered into that "contract or
agreement requiring insurance' for such
additional insured. But this insurance still is
excess over valid and collectible other
insurance, whether primary, excess,
contingent or on any other basis, that is
available to the additional insured when the
additional insured is also an additional
insured under any other insurance.
C. The following is added to Paragraph 8.
Transfer Of Rights Of Recovery Against
Others To Us in COMMERCIAL GENERAL
LIABILITY CONDITIONS (Section IV):
We waive any rights of recovery we may
have against the additional insured shown in
the Schedule above because of payments
we make for "bodily injury", "property
damage' or "personal
/ �
Countersigned 7113109
CG D3 82 09 07
injury" arising out of "your work" on or for the
project, or at the location, shown in the
Schedule above, performed by you, or on
your behalf, under a "contract or agreement
requiring insurance' with that additional
insured. We waive these rights only where
you have agreed to do so as part of the
"contract or agreement requiring insurance"
with that additional insured entered into by
you before, and in effect when, the "bodily
injury' or "property damage' occurs, or the
"personal injury" offense is committed.
D. The following definition is added to
DEFINITIONS (Section V):
"Contract or agreement requiring insurance"
means that part of any contract or
agreement under which you are required to
include the person or organization shown in
the Schedule as an additional insured on
this Coverage Part, provided that the "bodily
injury' and "property damage' occurs, and
the "personal injury' is caused by an offense
committed:
a. After you have entered into that contract
or agreement;
b. While that part of the contractor
agreement is in effect; and
c. Before the end of the policy period.
B 2007 The Travelers Companies, Inc.
Includes the copyrighted material of Insurance Services Office Inc., with its permission
Page 2
POLICYNUMBER: BA5429L431 COMMERCIAL AUTO
CA 20 48 02 99
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
DESIGNATED INSURED
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
GARAGE COVERAGE FORM
MOTOR CARRIER COVERAGE FORM
TRUCKERS COVERAGE FORM
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified
by this endorsement.
This endorsement identifies person(s) or organization(s) who are "insureds" under the Who is An Insured Provision of
the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form.
This endorsement changes the policy effective on the inception date of the policy unless another dale is indicated
below.
Endorsement effective
07/13/09
Named Insured
W G Zimmerman Engineering, Inc.
Name of Person(s) or Organization(s)
City of Newport Beach
Public Works Dept.
Attn: Shauna Oyler,PW Specialist
3300 Newport Boulevard
P O Box 1768
Newport Beach, CA 92658 -8915
SCHEDULE
Additional Insureds continued: The
City of Newport Beach, its elected
or appointed officers, officials,
employees, agents and volunteers
(If no entry appears above, information required to complete this endorsement will be shown in the Declarations as
applicable to the endorsement.)
Each person or organization shown in the Schedule is an "insured" for Liability Coverage, but only to the extent that
person or organization qualifies as an "insured" under the Who is An Insured Provision contained in Section II of the
Coverage Form
CA 20 48 02 99 Copyright, Insurance Services Office, Inc., 1998 Page 1 of 1
WORKERS COMPENSATION
AND
EMPLOYERS LIABILITY POLICY
WC 99 03 76 (00) --
POLICY NUMBER: UB5623Y284
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS
ENDORSEMENT - CALIFORNIA
(BLANKET WAIVER)
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not
enforce our right against the person or organization named in the Schedule.
You must maintain payroll records accurately segregating the remuneration of your employees while engaged in
the work described in the Schedule.
The additional premium for this endorsement shall be
mium otherwise due on such remuneration.
Schedule
Person or Organization:
City of Newport Beach
Public Works Dept.
Attn: Shauna Oyler,PW Specialist
3300 Newport Boulevard
P O Box 1768
Newport Beach, CA 92658 -8915
DATE OFISSUE: 07/13/09
% of the California workers' Compensation pre-
Job Description:
RE: Professional Services
Agreement for Speed Zone Survey AS
REQUIRED BY WRITTEN CONTRACT: The
City of Newport Beach, officers,
employees, agents and volunteers
prior to loss.
Fax #:
CERTIFICATE OF INSURANCE
CHECKLIST
City of Newport Beach
This checklist is comprised of requirements as outlined by the City of Newport Beach.
Date Received: 7/15/2009
Dept. /Contact Received From: Shauna Oyl
Date Completed: 7/16/2009 Sent to:
Company /Person required to have certificate:
GENERAL LIABILITY
Shauna
By: Jennifer
W G Zimmerman Engineering, Inc.
A. INSURANCE COMPANY: Travelers Property Casualty Company of America
B. AM BEST RATING (A: VII or greater): A +:XV
C. ADMITTED Company (Must be California Admitted):
Is Company admitted in California?
D. LIMITS (Must be $1M or greater): What is limit provided?
E. PRODUCTS AND COMPLETED OPERATIONS (Must
include): Is it included?
F. ADDITIONAL INSURED WORDING TO INCLUDE (The
City its officers, officials, employees and volunteers): Is it
included?
G. PRIMARY & NON - CONTRIBUTORY WORDING (Must be
included): Is it included?
H. CAUTION! (Confirm that loss or liability of the named
insured is not limited solely by their negligence) Does
endorsement include "solely by negligence" wording?
E Yes ❑ No
$1 MM/$2MM/$2MM
►P ■
�i - ■ IIM
E Yes ❑ No
NOTIFICATION OF CANCELLATION: Although there is a provision that requires
notification of cancellation by certified mail; per Lauren Farley, the City will accept the
endeavor wording.
11. AUTOMOBILE LIABILITY
A. INSURANCE COMPANY: Travelers Casualty Company of America
B. AM BEST RATING (A: VII or greater) A +:XV
C. ADMITTED COMPANY (Must be California Admitted):
Is Company admitted in California? ® Yes ❑ No
D. LIMITS (Must be $1M min. BI & PD and $500,000 UM):
What is limits provided? $1,000,000
E. ADDITIONAL INSURED WORDING TO INCLUDE (The City its
officers, officials, employees and volunteers): Is it included? ® Yes ❑ No
F. PRIMARY & NON - CONTRIBUTORY WORDING (For Waste
Haulers only):
Is it included? NIA ❑ Yes ❑ No
G. NOTIFICATION OF CANCELLATION: Although there is a provision that requires
notification of cancellation by certified mail; per Lauren Farley, the City will accept the
endeavor wording.
III. WORKERS' COMPENSATION
A.
B.
C.
D.
INSURANCE COMPANY: Argonaut Insurance Company
AM BEST RATING (A: VII or greater): A:XII
LIMITS: Statutory
WAIVER OF SUBROGATION (To include): Is it included? ® Yes ❑ No
HAVE ALL ABOVE REQUIREMENTS BEEN MET?
IF NO, WHICH ITEMS NEED TO BE COMPLETED?
® Yes ❑ No